Criminal liability for illegal surveillance

[Роберт]

Although recently in Austria a fine of up to 10,000 Eur was introduced for the presence of a video recorder in vehicles

And what is the reason for this?

There in these German countries there is finally an atas: if the police watched and found nothing, then he wrote an apology paper. And you can even get compensation through the court for cash. Usually the police themselves pay from the municipal budget. And all that is often completely illegal ...

 

[Детектив-Юг]

Vitaly, thanks!
It seems that if this Law is adopted, the issue of detective work in Ukraine will be resolved.

EXPLANATORY NOTE
to the draft Law of Ukraine “On Amending the Criminal Code of Ukraine (regarding the establishment of criminal liability for illegal visual observation of a person)”

The rationale for the adoption of the law
According to the current legislation of Ukraine, the operational units to carry out the tasks of operational-search activity, if there are grounds provided by law, are given the right to monitor a person, thing or place, as well as audio and video control of the place according to the law (paragraph 11 of article 8 of the Law of Ukraine “On operational-search activities ”). Visual observation of a person in public places or visual observation of a person using video recording, photography, special technical means is an unspoken investigative action related to interference with a person’s personal life, carried out on the basis of a decision of the investigating judge, issued in the manner prescribed by the criminal procedural legislation (parts 1, 3 of article 269 of the Code of Criminal Procedure of Ukraine). The Constitution of Ukraine, along with the right of everyone to the inviolability of the home, as well as the secrecy of correspondence and telephone conversations (Articles 30.31), stipulates that no one may be interfered with in his personal and family life, except in cases provided for by the Constitution of Ukraine (Articles 32).
Responsibility for violation of the inviolability of the home and violation of the secrecy of correspondence, telephone conversations, telegraphic or other correspondence is provided for in Article 162, 163 of the Criminal Code of Ukraine, however, the specified components of the crime do not cover the implementation of unlawful surveillance of a person, including using special technical means, can also be considered as an interference with his privacy.

Goals and objectives of the adoption of the law
The purpose of the adoption of the bill is to prevent the commission of illegal visual observation of a person, which is a direct violation of the constitutional rights of citizens of Ukraine (Articles 30.31, 32 of the Constitution of Ukraine).

General characteristics and main provisions of the draft law
The draft law proposes to supplement the Criminal Code of Ukraine with article 163-1, which establishes criminal liability for illegal monitoring of persons.

4. The state of the regulatory framework in this area of legal regulation
The legal framework in this area of legal regulation is constituted by the Constitution of Ukraine, the Criminal Code of Ukraine and the Code of Criminal Procedure of Ukraine.

5. Financial and economic rationale
The adoption of the bill will not require additional financial costs from the State budget of Ukraine.
6. Forecast of socio-economic and other consequences of the adoption of the law
The adoption and implementation of the provisions of this draft law is necessary to ensure the constitutional right of Ukrainian citizens to non-interference in their personal lives and to prevent violation of such a right by both state bodies and private individuals.

People's Deputies of Ukraine V. Yarema G. Moskal

 

[Роберт]

Well this must be so brazenly pervert everything. Right upside down. Soon, a camera or a camera in Ukraine cannot be used, a violation of the Constitution. Indeed, deputies need psychiatrists here. : D

 

[Запаренко Александр Николаевич]

Yes, colleagues, obesity is getting stronger. Охренели !!!!!

 

[Плотников Юрий Михайлович]

A severe, clinical case of moron!

 

[Частный детектив Краснослободцев Дмитрий Николаеви]

The fun continues ...

 

[Андрей Захаров]

Yeah ... Cool wrapped ... In the process, I looked around the corner in order to look at someone (just like that) - and you're already on the bench: lol: In a Ukrainian prison ... Cool ... In my opinion, no one, in no country have I thought of such a thing ...

 

[Детективное бюро Бориса Турецкого]

I certainly can’t say for sure, but my personal opinion is that Ukrainian detectives crossed some of the officials))

 

[Симферополь]

Deputies: General Yarema, the former head of the Kiev Main Directorate of the Ministry of Internal Affairs, is widely known for having come into conflict with the then Minister of the Interior, Lutsenko, in public speaking for the legalization of prostitution in Ukraine. G. Moskal - ex-deputy minister of internal affairs - head of the criminal police of the Ministry of Internal Affairs of Ukraine. Now both are in opposition, which does not have a majority in the Verkhovna Rada. Accordingly, it is not necessary to wait for the adoption of the bill in the near future, but the trend, however, cannot but alarm ...

 

[Юридическая Компания Лидер]

Deputies: General Yarema, the former head of the Kiev Main Directorate of the Ministry of Internal Affairs, is widely known for having come into conflict with the then Minister of the Interior, Lutsenko, in public speaking for the legalization of prostitution in Ukraine. G. Moskal - ex-deputy minister of internal affairs - head of the criminal police of the Ministry of Internal Affairs of Ukraine. Now both are in opposition, which does not have a majority in the Verkhovna Rada. Accordingly, it is not necessary to wait for the adoption of the bill in the near future, but the trend, however, cannot but alarm ...

And it all started, with this: “People’s Deputy Gennady Moskal appealed to the Minister of Internal Affairs Vitaliy Zakharchenko and Prosecutor General Viktor Pshonka with a request to inform which of the departments of the Ministry of Internal Affairs in the Chernivtsi region belong two cars that carried out external monitoring of the head of the Batkivshchyna faction Arseniy Yatsenyuk. In addition, as stated in the appeal of G, Moskal handed over to the UNIAN agency, he asks to clarify whether these cars are on the balance sheet of the automotive department of the Ministry of Internal Affairs in the Chernivtsi region, what positions and titles are three employees whom the Ministry of Internal Affairs identifies as its employees, under which of the operative-search case, the operational event "external surveillance" was held, when and to whom this case was instituted, his number, who initiated the external monitoring, and who approved the task for its conduct. "According to the information that the Interior Ministry officers told me, there is no task there was no external monitoring for March 30, the police watched Arsen Iem Yatsenyuk, ”Moskal says. - The names of these policemen have already been transmitted to me by electronic means of communication. I ask the Prosecutor General’s Office to check the work of the units involved in operative-search activities, in particular, outdoor surveillance, because, according to my information, this is far from the only case of illegal use of special forces in surveillance and other operational measures against opposition politicians. I warn you in advance that signing various documents retroactively will be regarded as an official crime. If the legitimate requests set forth in my appeal remain unanswered or unsubscribes come, I reserve the right, provided for by the law on the status of a people's deputy, to publish all available information in the media. ” As UNIAN reported, according to the press service of the Batkivshchyna military district, on March 30 in Chernivtsi A. Yatsenyuk noticed that he was being monitored. Returning from the recording of the program at the TVA studio, A. Yatsenyuk saw two cars, of which external surveillance was conducted of him. He wrote down the number of one of the cars and called G. Moskal to check the number. As it turned out, this number is not registered. Together with a group of deputies, one car was stopped, the second car left. A. Yatsenyuk called the police and made a statement about the commission of a criminal offense. After the police arrived, the people in the car got out. They discovered covert communications in working mode. In the cabin, law enforcement officers found camera equipment and fixed and portable communications with the inventory numbers of the state institution. All recordings on the camera were destroyed before the police arrived. Police officers found three sets of license plates not from the Chernivtsi region in the trunk of a car, the Batkivshchyna press service noted. At the same time, police in the Chernivtsi region said that police officers detained in Chernivtsi on official vehicles did not monitor A. Yatsenyuk. According to the information of the CCA of the Main Directorate of the Ministry of Internal Affairs of Ukraine in the Chernivtsi Region, the investigative-operational group found that in Chernivtsi police officers carried out activities on an official vehicle, however, "these activities were not related to the activities of people's deputies." It was established that policemen in official vehicles were blocked by unknown persons at two passenger cars. After that, these people called Yatsenyuk and Moskal. Deputies inspected the company car, including the luggage compartment. Also, deputies conducted a personal search of police officers. According to these circumstances, materials were collected that are registered in the journal of the uniform account of the Shevchenkovsky regional police department. On the fact of unlawful interference in the activities of law enforcement agencies, criminal proceedings have been launched, entered into the Unified Register of Pre-trial Investigations under Art. 343 part 1 of the Criminal Code of Ukraine (interference with the activities of a law enforcement officer). "